STEVENSON v. SUPERIOR COURT

Docket No. 45917.

91 Cal.App.3d 925 (1979)

154 Cal. Rptr. 476

JOHN DEWITT STEVENSON, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

April 16, 1979.


Attorney(s) appearing for the Case

COUNSEL

Sheldon Portman, Public Defender, and C. Randall Schneider, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Jack R. Winkler, Robert H. Philibosian, Chief Assistant Attorneys General, Edward P. O'Brien, Assistant Attorney General, Herbert F. Wilkinson and Ina Levin Gyemant, Deputy Attorneys General, for Real Party in Interest.


OPINION

CHRISTIAN, J.

John Dewitt Stevenson seeks a writ (Pen. Code, § 999a) to restrain respondent superior court from taking any further action in a felony case pending against him other than to dismiss the information. We issue the writ because there was no competent evidence at the preliminary hearing supporting the order of the magistrate holding petitioner for trial.

On April 13, 1978, a complaint was filed in the...

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